The Appellants consisted of 127 pupils from Shikula Secondary School and a number of other Secondary and Primary Schools in Mbozi District. As to religion, all the students are Jehovah’s Witnesses. They consistently desisted from singing the National Anthem, during the morning school assembly, as this was against their Bible trained conscience, a fundamental religious belief held by all Jehovah’s Witnesses. They attended the school assembly, but stood by quietly and respectfully, when other students sang the National Anthem. The Shikula School Board expelled five (5) of the students for their refusal to sing the National Anthem. Then 122 other students were also subjected to disciplinary measures by their schools for the same reason. Their appeal to the Regional Education Appeal Board, was dismissed on the ground that refusal to sing the National Anthem was a breach of the Constitution; that it was against Education Circular No. 4 of 1998 (the Circular) issued by the Commissioner for Education (the Commissioner) and that they had categorically refused to sing the National Anthem.
The Appellants further appealed to the Minister responsible for National Education (the Minister). The Deputy Principal Education Officer of the Ministry of Education informed them that it had been decided that they be re-instated to their respective schools on condition that each one of them agreed to sing the National Anthem, daily at school and signs a special form to the effect that he or she would do so, before being re-admitted. Un-dissuaded, they sought audience to see the Prime Minister. They were advised by the Prime Minister’s Office that should they consider themselves aggrieved by the decision of any Educational authority, redress should be sought from the Court. They instituted a petition at the High Court. By majority decision, the High Court dismissed their appeal, hence the appeal in the Court of Appeal.